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Apply to the Enforcement Division of the Court for compulsory enforcement. ok。Give a thumbs up if you are satisfied.
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Each case will have a different outcome. Whether the forced repayment is because he really has no money, or because he has transferred assets and cannot enforce it, the result is different. Understand that the purpose of litigation is to recover the amount owed, but not all lawsuits will achieve what you want.
There is also how this person is a young man, and there is still a possibility of turning over in the future, or he is already sixty or seventy years old and has no future.
If it is relatively simple according to the law, and your lawsuit is upheld, waiting for the judgment to take effect, then you can apply for enforcement. Of course, it has always been difficult to enforce in China, and it is best if you can provide property clues, if you can't provide them, then you can only wait for the court to inquire about the property of the person subject to enforcement, and this cycle will be relatively long.
In the past few years, we have been carrying out special rectification and arresting a large number of untrustworthy people. In fact, in many cases, it is not that the other party has no money to repay, but that the other party has transferred assets, and you can't help him in law. He has no assets in his own name, and you find evidence of his transfer, and you can't apply to list him as a liar.
If it is a normal person who owes money, there will be an attitude to give you a solution if you can't pay it for the time being. But if the other party has already been accused and has not paid back, it means that the other party has to fight to the end. If you lend it to someone who has a decent job, you can enforce his salary, or if he has a house in his name, let him make a mortgage.
Now borrowing money, no formal work, no mortgage, it's too risky. If you don't pay back the money, the initiative is not in your hands, but in the hands of the other party. You run according to the legal procedures, you don't want to ask for any more.
You run to the court again and again, and you can't solve any problems.
Now I don't know why people still borrow money? Nowadays, there are various platforms and credit cards that can solve the problem, and if you have to borrow money from individuals, you obviously don't want to pay back. Remember not to lend money out, it is really not good to let the other party mortgage and find a public official as a guarantee, this is the sincerity of the other party, otherwise it is an empty glove white wolf.
Hope mine is helpful to you.
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Yes, because the court will freeze the defendant's account and related property, but there is no property in the name and can only wait, so there is a high possibility of losing money.
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Of course, this money is not wasted, he still has a lot of money, but the court will enforce his family's property and will return this money to you as soon as possible.
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Yes, if you don't come back, then the money will already be wasted. You can also go to the court to file a new complaint and file a lawsuit.
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Legal analysis: In civil disputes, after the court judgment takes effect, if the debtor has no money to compensate or fails to perform, it can apply to the court for compulsory enforcement, and if the person subject to enforcement is indeed incapable of performing, the court can also temporarily suspend the enforcement, and resume enforcement at any time after the ability to perform. If the person subject to enforcement is unable to repay the loan due to living difficulties, has no income**, and loses the ability to work, the court will terminate the enforcement.
As long as it is not a case of termination of enforcement, if the applicant later discovers that the other party has enforceable property, he may notify the court of enforcement at any time. If the other party has wages, they can also apply to the court to enforce the other party's wages.
Legal basis: Article 256 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) the applicant indicates that enforcement may be extended; (2) Where a person not involved in the case raises a well-founded objection to the subject matter of enforcement; (3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; (4) The legal person or other organization to which it is a party is terminated and the successor of rights and obligations has not yet been determined; (5) Other circumstances where the people's court finds that enforcement should be suspended.
After the suspension disappears, the execution resumes.
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When the court makes a decision, there is a time limit for appeal, usually 15 days, after which the other party does not appeal, and the judgment takes effect. After the judgment takes effect, it must be fulfilled. However, the question arises, what happens when the other party (i.e., the debtor) really has no money to return, is the money counted?
After the judgment of the People's Law says that the debt dispute takes effect, if the other party does not repay within the judgment time after the repayment date of the other party is limited, what should the creditor do?
The method is to apply to the Executive Directorate of the People's Court for compulsory enforcement. After the Executive Directorate accepts the case, it can use big data to capture the other party's economy, real estate, vehicles, etc., and can freeze the bank account, WeChat and Alipay accounts, check and deduct the excess property necessary for life, etc., if it is considered that the other party has the ability to enforce and refuses to enforce or transfers property and refuses to enforce, it is called resisting enforcement.
Article 313 of the Criminal Law: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given.
This kind of legal sanction stipulates that it has the ability to enforce it, but when the people's law makes a judgment and deliberately resists enforcement by destroying property, concealing property or transferring property, and the circumstances are serious, it can only be punished by criminal law. In general, public security detention may be granted.
After verification by the enforcement personnel of the people's court, it is true that the person subject to enforcement has no property mortgage and no economic ** to enforce, and takes the initiative to explain the situation to the enforcement personnel, this is not considered to resist enforcement, and the law will not sanction him.
The solution at this point comes in two forms:
The first is to repay by agreement, that is, the person subject to enforcement adopts the installment payment method to reach a repayment agreement and execute it according to its own income.
The second is to issue a stop payment order to suspend the execution. You don't know much about stop payment instructions, what does this order mean?
The designation to stop payment is the suspension of enforcement in this case. When this auction order was issued, the case entered a suspension period, and the debt entered an indefinite effective sequence with no expiration date.
It has been explained here that the other party is really incapable of paying, and the money is not wasted, but can be executed as soon as he has the ability to execute.
In an economic dispute case adjudicated by the French people's court, if the person subject to enforcement does not have the money to pay, as long as the enforcement authority issues a "stop payment order", it will not be wasted, and there is no statute of limitations, once the other party has money, you can ask the court to enforce it.
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I think that in this case, the money should be wasted, after all, the other party still can't pay back the money after the court enforces it, which means that his usual life is also very confused, and he has tried his best to earn money under the supervision of the court, but there is still no gain, and the possibility of not paying back the money is very large
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No, you can go to the public security bureau to solve it, you can call 110 to get a good solution, after all, it is a legal society, and the other party cannot steal their money and will be protected by law.
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No, if the court rules that the debtor cannot repay the money, the state will pay it back after a while, please be patient.
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The debtor can't pay off the debt! The creditor and the court should give the debtor a space to pay back, so that both worlds are perfect! The debts have been repaid, and the forces of national economic development have been preserved!
Creditors are never allowed to collude with judges to blow the wind and rectify the debtor, as long as the debtor is willing to repay the money, they must be given a space, this is a virtuous person.
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It is necessary to soberly see that the untrustworthy person has already transferred his property to his family and shareholders and relatives and friends (some have been transferred overseas) to form debts when he borrowed money, and it is necessary to link the dishonest person and his family and shareholders (relatives are included in the key enforcement targets) and enforce them together, and firmly adopt zero tolerance for the old lai who cheats and threatens law enforcement personnel, and the case funds that are firmly enforced must be cleared before November this year, and the loan must be repaid in a timely manner. It is necessary to double the punishment and restriction for the old lai who has exceeded the repayment deadline until the date of repayment of the debt, and firmly and effectively curb the signs of unhealthy tendencies of the old lai lai in terms of laws and regulations, so that the old lai can be exploited without any gaps, and purify the bad social atmosphere of the old lai. We must resolutely and thoroughly eradicate all unhealthy tendencies, resolutely carry forward the fine traditional virtues of the Chinese nation that borrowed money must be repaid in a timely manner without a time limit, firmly support China's fine traditional virtues, and firmly and effectively crack down on the protective umbrella. The execution of debts and repayment of debts shall be publicized to the public for supervision.
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You can protect your rights through relevant legal rights protection channels, which will not lead to waste, and you can protect your rights and interests through professional rights protection channels.
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The court can't deal with it, and the people can't deal with it, what I encountered is how to deceive the contract person, transfer all the money, and pretend to be a harmonious family with his wife and children in advance, and then I learned that I have long been divorced, and the property is given to my wife and children, and I also raise a little wife, who lives a chic life all day long, and does not go to work, my wife does not go to work, the children go to private schools, and WeChat and bank cards are used by the little wife. There are too many such people, and the law can't do it.
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It is not a dishonest person to transfer property. The state should strictly check his bank statements. The condition of the house. The legal net is magnificent, negligent but not leaky. There are no holes. Look at the old man can be old for a few days. Centralized delivery of cabin labor. It is only natural to pay back the money. Guarantee to pay back the money one by one.
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Answer: He will still have to pay back the money in the future.
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Theoretically not, you carefully taste.
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No lawsuits and no lawsuits are the only way to solve debts!
Or if you have a lawsuit, go to the court to stop the enforcement after negotiating with the debtor, stop the measures such as the dishonesty limit, or the debt can basically be paid off in less than 5 years! Unless you want to frame the debtor!
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We should check the whereabouts of the funds and plug the loopholes in the law, instead of only checking the assets in the name of the old lai himself, because the old lai knows the law, so he cheats.
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The court has been enforcing the law for more than 20 years, and now it is impossible to find even the ID number, let alone whether the enforcement method of checking the property can apply for compensation. Due to the dereliction of duty and inaction of the law enforcement officers of the court, the consequences have not been investigated for more than 20 years! According to the provisions of the SPC, whether it is acceptable to require the court to bear the liability for compensation.
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It's useless to enforce it, the boss just won't give money.
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Don't have the money to execute a yarn? Amuse.
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The law should add a clause to repay the debts of the father and the son.
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Lai, the part-time job should also be returned, and family members should be investigated at the same time! Who dares to deceive other people's property.
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It's been over a year since I've been enforcing and haven't heard from me? What to do?
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It's only right to chase him for a few lifetimes.
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The court judgment has taken effect, but the defendant has no money, and the court can get the money by applying to the court for enforcement, firstly, the court auctions the real estate in the defendant's name, secondly, it arranges for the corresponding party to work in prison, and secondly, the debtor will be allowed to repay the debt slowly in prison in the later stage. It is necessary to explain and analyze the reasons why you can get money by applying to the court for enforcement from the following three aspects.
1. The court will auction the defendant's immovable property
First of all, the court will freeze the assets in the name of the defendant, which is a very important point, because for the plaintiff, the funds are required by the corresponding funds, if the corresponding defendant is unable to repay the corresponding debts, then the court will first auction the assets of the corresponding defendant, and obtain better cash flow by selling them at a discount, which will be used to repay the corresponding debts of the defendant first.
2. Arrange for the corresponding parties to work in prison
The second is to arrange the corresponding party to work in prison, so the advantage is that the corresponding party can do some manual work in prison, which is also billed, and the corresponding salary can be paid to the corresponding suspect, which is conducive to the later suspect to repay the corresponding debt through his own labor, which is also a very flexible repayment method.
3. In the later stage, the debtor will be allowed to repay the debt slowly in prison
In addition, the debtor will be allowed to repay the debt slowly in prison, the main purpose of which is to give the criminal suspect a process, although there is no way to raise sufficient funds to repay the corresponding debt for a while, but through the perennial accumulated labor can also earn enough income to repay the corresponding debt, after the corresponding debt is repaid clearly, and after the expiration of the prison criminal law, you can arrange to be released from prison and return to society.
Precautions for applying to the court for enforcement:
It is necessary to freeze the property in the name of the corresponding defendant, so as to facilitate the deduction of the corresponding fine amount, as well as the repayment of the corresponding debt, and if there is no corresponding property, arrange for prison labor to repay the debt.
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If you apply for enforcement, you may get it back, but if you don't apply for enforcement, you will never get it back. After applying for enforcement, the court will freeze all the bank cards and online accounts under his name, and leave no one, as well as the provident fund and pension, and will also issue a letter of co-enforcement to the unit, deduct wages, and finally be a blacklist of dishonest people. After being executed, even if you don't take the high-speed rail plane, but the bank card and WeChat Alipay are frozen, it will be very inconvenient, and you basically can't work to do business and start a company.
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A: If the defendant has no deposits in the bank and no other property that can be pledged and cashed, it is useless to enforce it.
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The court judgment took effect, but the defendant had no money, and some of them really couldn't get it, but in what the circumstances, some people were not right, and most of them were enforcement problems by the court. How to lead the team is a matter of leadership. How the blood flow in the blood vessels is not blocked, it is necessary to protect the blood vessels to achieve.
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